Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

You act for Freeway Properties Limited, the landlord of a three-storey office building. The whole of the building is let to ARK Accountants Limited for

You act for Freeway Properties Limited, the landlord of a three-storey office building. The whole of the building is let to ARK Accountants Limited for a term of 15 years from and including 24 June 2019.

ExtractsfromtheleaseofthepropertyareattachedasDocument 2.

  1. TENANT'SCOVENANTS

*********

  1. Prohibitionof Dealings

  1. Except as expressly permitted by this Lease, the Tenant shall not assign, underlet, charge, part with or share possession or share occupation of this lease or the Property or hold this Lease on trust for any person (except pending registration of a dealing permitted by this Lease at Land Registryor by reason only of joint legal ownership).

  1. TheTenantshallnotunderletthe wholeor anypartofthis Lease

  1. TheTenantshallnot:

  1. Charge the whole of this Lease without the consent of the Landlord, such consent not to be unreasonably withheld; or

  1. Chargepartonlyofthis Lease

  1. Assignment

  1. The Tenant shall not assign the whole of this Lease without the consent of the Landlord, such consent not to be unreasonably withheld.

  1. TheTenantshallnotassignpartonlyofthis Lease.

  1. TheLandlordandtheTenantagreethat forthepurposesofsection19(1A) of the Landlord and Tenant Act 1927 the Landlord may give its consent to an assignment subject to all of the following conditions:

  1. A condition that the assignor (and any former tenant who because of section 11 of the Landlord and Tenant (Covenants) Act 1995 has not been released from the tenant covenants of this Lease) enters into an authorised guarantee agreement which:

  1. Isinrespectofallthetenantcovenants ofthis Lease;

  1. Is in respect of the period beginning with the date the assignee becomes bound by these covenants and ending on the date when the assignee is released from those covenants by virtue of section 5 of the Landlord and Tenant (Covenants) Act 1995;

  1. Imposesprincipaldebtorliabilityontheassignor(andanyformer tenant);

  1. Requires (in the event of a disclaimer of liability of this lease) the assignor (or former tenant as the case may be) to enter into a new tenancy for a term equal to the unexpired residue of the Contractual Term; and

  1. Isotherwiseinaform reasonablyrequiredbythe Landlord;

  1. A condition that a person standing acceptable to the Landlord enters into a guarantee and indemnity of the tenant covenants of this Lease in such form as the Landlord may reasonably require).

  1. The Landlord and the Teant agree that for the purposes of section 19(1A)oftheLandlordandTenantAct1927theLandlordmayrefuseitsconsentto an assignment in the circumstance that:

  1. AnyRentorothermoneydueunderthisLeaseisoutstanding;or

  1. IntheLandlord'sreasonableopiniontheassigneeisnotapersonwho is likely to be able to comply with the tenant covenants of this Lease and to be able to continue to comply with them following the assignment.

  1. Nothing in this clause shall prevent the Landlord from giving consent subject to any other reasonable condition, nor from refusing consent to an assignment in any other circumstances where it is reasonable to do so.

  1. Promptly, the Tenant shall apply to register the transaction at Land Registry. The Tenant shall ensure that any requisitions raised by Land Registry in connection with that application are dealt with promptly and properly. Within one month after completion of the registration, the Tenant shall send the Landlord official copies of its title.

  1. No laterthan one month following anyassignment of this Lease the Tenant shall:

  1. GivetheLandlord'ssolicitorsnoticeofthe assignment

  1. Deliver two certified copies of any document effecting the assignment to the Landlord's solicitors; and

  1. PaytheLandlord'ssolicitorsaregistrationfeeof200(plusVAT)

You are aware from the Advance Facts thatyou act for Freeway Properties Limited ("the Landlord"). The Landlord owns a three-storey office building ("the Property"). The whole of the Property is let to ARK Accountants Limited ("the Tenant") for a term of 15 years from and including the 24June 2019 ("the Lease").

The existing planning use of the Property is an office under Use Class E.

  1. It is nowMay 2025. Due to changes within the company the Tenant has approached the Landlord requesting permission to assign their lease to Williams Architects Limited ("the New Tenant"). The New Tenant will continue to use the Property as an office and is a recently formed company.

The Landlord has no concerns with the Tenant who has always paid the rent on time and appears financially stable. The Landlord would like to keep the Tenant on the hook if at all possible as it is concerned about the New Tenant with it being a new business

With reference to the extracts of the Lease of the Property contained in Document 2 of the Advance Facts, advise the Landlord whether the Landlord could refuse to grant permission for this assignment or, at least, impose suitable conditions to alleviate its concerns.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Constitutional And Administrative Law

Authors: A. Bradley, K. Ewing, Christopher Knight

18th Edition

1292402776, 978-1292402772

More Books

Students also viewed these Law questions

Question

2. What types of information are we collecting?

Answered: 1 week ago

Question

5. How quickly can we manage to collect the information?

Answered: 1 week ago

Question

3. Tactical/strategic information.

Answered: 1 week ago